The tribunal started with the continuation of the cross examination of the investigation officer, Helal Uddin in the Sayedee case (continuing from
the previous day)
Defence: What was the name of the investigation officer on the Complaint Register number- 3/10 date- 22-9-2010 of the Investigation Agency?
Witness: I can’t answer it without checking the records.
Defence: Whether you have tried to find out the name of the IO?
Witness: No.
Defence: The complainant for the Exhibit-1 is Mahbubul Alam Hawladar. Whether you have interrogated the investigation officer Abu Jafar Hawladar of the case no- 04 date- 06-09-2009 of Zianagar Police Station before filing of the case?
Witness: No.
Defence: Whether you have interrogated the IO of the case SI Abdul Hakim Khan during the investigation?
Witness: No.
Defence: Four names have been mentioned as the accused in the case.
Witness: Yes.
Defence: 18 names have been included on that complaint application there as the witnesses.
Witness: Yes.
Defence: Among those 18 you have made 11 people witnesses.
Witness: Yes.
Defence: Among those 11 people 5 have been produced as the witnesses before this Tribunal.
Witness: Yes.
Defence: You have not interrogated the witnesses of that case- Abdus Salam Talukdar, Asraf Ali, Altaf Hossain, Chitto Ranjan Talukdar, Yousuf Ali Hawladar, Abul Bashar Montu, Mizanur Rahman.
Witness: True.
Defence: The IO Abu Jafar Hawladar has taken the deposition of 9 witnesses.
Witness: Yes.
Defence: He has not mentioned anything whether he has taken the statements of more than 9 people.
Witness: Yes.
Defence: He has recorded the statements of 3 witnesses under section-164 of the CRPC.
Witness: Yes.
Defence: Whether you have seen those statements?
Witness: Yes.
Defence: Whether the IO of the case Abu Jafar Hawladar has been made witness on this case?
Witness: No.
Defence: Mr. Abu Jafar is neither dead or missing.
Witness: Yes.
Defence: You have not presented him before the Tribunal because he might not give his statement as you have instructed him to present before the Tribunal.
Witness: Not true.
Defence: On exhibit-1 Mahbubul Alam Hawladar has brought complaint against 11 people. Among those 4 are dead and 7 are alive.
Witness: Yes.
Defence: Among those alive 7 people except Mr. Delwar Hossain Syedee the following are also included- Mawlana Moslem Uddin, Md. Mohsin, Habibur Rahman Munshi, Momin Hawladar, Sohan Mawlana, Hakim Kari.
Witness: Yes.
Defence: Whether you have given any notice to these 6 people to know about the contents of the complaint?
Witness: No.
Defence: You have not met them.
Witness: True.
Defence: Whether IO Abu Jafar Hawladar has submitted any report when transferring the docket about the complaint made by Mahbubul Alam Hawladar?
Witness: I don’t know.
Defence: Delwar Hossain Syedee’s name has been mentioned in the serial no-07 of the exhibit- 1. Before his name there are two names who are alive namely- Mawlana Moslem Uddin and Md. Mohsin.
Witness: Yes.
Defence: Whether you have investigated about anyone except Mr. Syedee?
Witness: No.
Defence: You have started the investigation by someone’s direction for only against Mr. Syedee among those 7 people.
Witness: I have started the investigation as an IO of this case, not by anyone’s direction.
Defence: Why didn’t have you started the investigation about the other 6?
Witness: It will start later on.
Justice Nizamul Huq: This is not a case of ICT, so why are you asking questions for that?
Haidar Ali: I am also thinking about that. Why such questions? It is the mere time passing.
Defence: My Lord, I think this case is relevant to the present case.
Justice Nizamul Huq: I would like to say, the Tribunal may raise question to the Prosecutor or the defence Counsel, if anyone thinks that it is mere gossiping or the environment of a classroom, then the Tribunal won’t bother about that. Okay proceed.
Defence: The investigation report as you have submitted has been registered as the complaint of 21-7-2010.
Witness: Yes.
Defence: MAhbubul Alam Hawladar is the complainant.
Witness: Yes.
Defence: Have you seen the Election Manifesto of Awami League of 2008 Election?
Witness: No.
Defence: Whether you were present in the election public meeting of Sheikh Hasina on 2008?
Witness: No, then I was in Sudan.
Defence: What is the price of Gold per caret in 1971 in Parer Hat?
Witness: I don’t know.
Defence: Whether you have tried to ascertain the value of the properties which have been looted from the houses and shops of Parerhat?
Witness: No.
Defence: What was profession of Mahbubul Alam Hawladar’s father in 1971?
Witness: I have told it once. I will not answer it again.
Defence: Can you mention the names of the Chief and Convener of Awami League at the Parerhat area on 1971?
Witness: No.
Defence: There were 5 accused in the case which has been filed by Manik Poshari in Pirojpur Police Station and all are alive.
Witness: Yes.
Defence: Among them you have made the following four as the witnesses of this case, namely- Chan Mia Poshari, Ayub Ali Talukdar, Basudeb Mistri, Esahak Khan.
Witness: Yes.
Defence: Except Basudeb Mistri no one has been produced before the Tribunal as the witness.
Witness: Yes.
Defence: The statements of 6 people have been recorded under section-164 of the CPPC in this case.
Witness: Yes.
Defence: You have not interrogated or made witnesses the following persons in this case, namely- Alamgir Poshari, Mahbub Poshari, Jahangir Poshari, Kanchan Poshari, Horipod Mistri, Jadob Chandra Rai, Motin Haldar, Hanif Talukdar, Mujahar, Mobir Hawladar.
Witness: Yes.
Defence: SI Azim Hawladar and SI Nur Mohammad Khan were the IO of the case.
Witness: Yes.
Defence: Whether Mr. Azim Hawladar has been made witness?
Witness: No.
Defence: SI Nur Mohammad Khan is still working.
Witness: Yes.
Defence: What is the name of the victim Ibrahim Kutti?
Witness: Gofur Shekh.
Defence: In the FIR of Manik Poshari the name of the victim has been mentioned as Md. Ebrahim. Kutti has not been mentioned and father’s name has been mentioned as Saifuddin.
Witness: Yes.
Defence: Mostofa Hawladar was the witness in the case filed by Maik Poshari.
Witness: Yes.
Defence: With a political bad motive you were directed to start the investigation against Mr. Sayedee.
Witness: Not true.
Defence: Whether there was the list of the Central Peace Committee in the Newspapers which have been seized under exhibit-25?
Witness: No.
Defence: The following are alive and the witnesses of this case, namely- Kadir Bepari, Ruhul Amin Hawladar, Ranjit Saha Talukdar, Manik Hawladar, Cad Mia Poshari, Bimol Chandra Hawladar, Abdul Halim, Golam Hossain Talukdar, Ram Gopal Shaha, Mojammel Hossain, Md. Soforuddin, Dr. Jafor Ikbal, Sufia Haldar, Afroja Parvin, Major Ziauddin, Josna Bisshash, Pulok Chowdhury, Ali Haidar Khan, Fosiul Islam Bacchu, AKM Jaglul Haidar, Jewel Aich, Shahriar Kabir, Mokses Poshari, Khandokar Shohidullah, Ayub Ali Talukdar, Gopal Krishno Mondol, Bajlur Rahman, Kholilur Rahman Sheikh, Ejahar Ali Khan and others.
Witness: Yes.
Defence: Whether Mr. Ajit Kumar Shil is alive
Witness: Yes.
Defence: What is his profession and age?
Witness: He is 75 years old and he does nothing.
Defence: What was his profession on 1971?
Witness: It has not been mentioned in my note.
Defence: Dr. Sudhir Chandra Shil is now alive.
Witness: It has not been mentioned in my note.
Defence: Whether Ajit Kumar Shil was married in 1971?
Witness: It has not been mentioned in my note.
Defence: His brother Nitai Kumar Shil works at Janata Bank.
Witness: Yes.
Defence: What was Nitai’s age at 1971?
Witness: It has not been mentioned in my note.
Defence: Whether you have interrogated him?
Witness: No.
Defence: What was the age of his two brothers- Nitai and Gourango at 1971?
Witness: It has not been mentioned in my note.
Defence: Whether the date of looting the arms has been mentioned in the statement of Ajit Kumar Shil?
Witness: No the specific date has not been mentioned.
Defence: The Peace Committee has been formed at Pirojpur before Parerhat.
Witness: Yes.
Defence: What is the time difference between the formation of the Peace Committee in Pirojpur and Parerhat?
Witness: It has not been mentioned in my note.
Defence: The formation of Peace Committee at Pirojpur has only been mentioned in the statement of Ajit Kumar Shil?
Witness: Yes.
Defence: The name of Danesh Molla has been mentioned as the Chief of Peace Committee at Pirojpur.
Witness: Yes.
Defence: What was the location of the house of Ajit Kumar Shil at 1971 from Parerhat?
Witness: His house was situated at the Kormokarpotti of Parerhat. His present residence is also at the same area.
Defence: What is the distance between Kormokarpotti to Parerhat Thana Ghat?
Witness: About 200 to 250 yards.
Defence: Whether Ajit Kumar Shil has given any description of the killing of Ibrahim Kutti at his statements?
Witness: No.
Defence: Whether he has given any information in his statement about the abduction of Mofijuddin?
Witness: No.
Justice Nizamul Huq: Okay the Tribunal is adjourned till 1:30 P.M
Defence: Did Ajitkumar Shill mention the specific date of attack of Pakistani army at parerhat.
Witness: Yes he did.
Defence: Did Makhonsaha describe about the incident of looting and arson in the house of Manikposari and Sahidul Islam Selim at the date of 8may, 1971?
Witness: No.
Defence: How far is the house and shop of Modonsaha from the house of Ajitkumar shill?
Witness: 100\150 yards in south which is in opposite side of the canal of Hoglabunia.
Defence: Is there any description in his statement about the bringing materials of Modonsaha’s house to the house of Saydee’s father in law by Saydee and giving back it after liberation war?
Witness: No.
Defence: How far is the house of Ajitkumar shill from the house of Jona das?
Witness: I can’t say as it is not in my note.
Defence: In which village the house of Fakir Das is situated which is mentioned in the statement of Ajitkumar Shill?
Witness: at Parerhat Bondor (market).
Defence: Did you find out about more than one Fakir das during investigation?
Witness: No.
Defence: Is it not in his statement that the camp of peace committee was in the building of Fakir Das?
Witness: No.
Defence: Fakir Das remained this house in 1971 during war period.
Witness: It is not true.
Defence: Fakir Das remained this house till which time?
Witness: Till possessing his house and made him Muslim. After that he went to India.
Defence: The office of peace committee was established in Parerhat in the month May or June?
Witness: There is no specific date, it may be last time of the month of April.
Defence: Who was the president of Muslim League in Parerhaat that time?
Witness: It is not in my note.
Defence: Where is the house of Juran mentioned in the statement of Ajitkumar Shill?
Witness: South of Parerhaat market.
Defence: Where are Juran and his children, wife?
Witness: Juran has died, he has no son but a daughter and about his wife I have no information.
Defence: Where is the house of Santi Roy mentioned in the statement of Ajitkumar Shill?
Witness: It was in the Parerhat market.
Defence: Where is the house of Hori Roy?
Witness: It was in the Parerhat market.
Defence: Where is the house of Amullo Hawlader?
Witness: In the south side of Parerhat Market.
Defence: Where is the house of Narayan Pal?
.Witness: In the market of Parerhat, now he is dead
Defence: Did you not make witness any one of those 11 persons who were converted into Muslim or any family member of them about whom Ajitkumar mentioned in his statement?
Witness: No because most of them are dead and rest of them went to India? Among 11 persons, 7 persons are died and rest 4 persons went to India.
Defence: Which 4 person went to India?
Witness: Santi Roy, Jona Das, Fakir Das and Amullo Hawlader.
Defence: In which area of India they went and from whom you heard it?
Witness: I got it from local investigation.
Defence: Did you go to India after starting investigation any time?
Witness: Yes.
Defence: Did you send any letter to the department of police of India praying information?
Witness: No.
Defence: Who lives in the house of Santi Roy?
Witness: Abdur Rab karigor.
Defence: From which time he is living here?
Witness: I don’t know.
Defence: Did you ask Abdur Rab karigor about that in which area of India Santi Roy went.
Witness: It is not in my note.
Defence: Who lives in the house of Jona Das?
Witness: Jona Das is the brother Fakir Das and it is their joint property.
Defence: To whom Jona Das sold his property?
Witness: I don’t know to whom Jona Das sold his property separately?
Defence: What was the profession of Jona Das?
Witness: Business.
Defence: Which business?
Witness: I can’t say as it is not in my note.
Defence: Who lives in the house of Amullo Hawlader?
Witness: Zahid, son of Samsul Haque, lives.
Defence: In which year he got ownership?
Witness: It is not in my note.
Defence: Did you ask Zahid about that in which area of India Amullo Hawlader went?
Witness: I can’t say as it is not in my note.
Defence: Who lives in the house of Gowrango Pal?
Witness: I have said it before.
Defence: Who lives in the house of Narayan Pal?
Witness: Narayan Pal has three sons. They live there now.
Defence: Is his wife alive?
Witness: There is nothing in the note about his wife.
Defence: Did you ask his three sons?
Witness: I asked them but didn’t make them witness.
Defence: Who lives in the house of Sonil Pal?
Witness: Sonil Pal has a son and he lives there now.
Defence: Did you make him witness?
Witness: No.
Defence: Did Ajit Kumar Shill give any description about the torture on Vanu Saha daughter of Bipod Saha in his statement?
Witness: No, he didn’t give.
Defence: How many family member of Ajitkumar Shill?
Witness: It is not in my note.
Defence: From whom you got information firstly about that Ajitkumar Shill is the victim of crime of 1971?
Witness: After starting the investigation of this case I knew from different information, proofs and from the people of this area that many Hindus were converted into Muslim forcefully. For taking their witnesses I asked many people to come to me and as a result of it Ajitkumar Shill came and gave description of it.
Defence: Where did you take statement?
Witness: Only Parerhat is written in my diary and no place is mentioned specifically.
Defence: Did you not go to the house of Ajitkumar Shill during investigation?
Witness: No.
Defence: Did you get information how his family is managed?
Witness: Yes, he has son.
Defence: Where does he stay?
Witness: With his son.
Defence: How old of his son?
Witness: May be 40 years?
Defence: What is his son’s name?
Witness: Ripon.
Defence: Did Prosecution issued summons to produce in the court this Ajitkumar Shill?
Witness: Yes.
Defence: Did you go to the house of Ajitkumar Shill for summoning?
Witness: Yes.
Defence: How many times you went?
Witness: 2\3 times.
Defence: When did you go for the first time?
Witness: I can’t say the date.
Defence: When you went first his house, did you not get him?
Witness: No.
Defence: With whom you met?
Witness: With the wife of Ajit.
Defence: Were there not any one else?
Witness: I did not get any other of this house.
Defence: Was there police with you at that time?
Witness: Yes, there was police of Endurkani police station with me.
Defence: Did you entry any GD in Endurkani police station about that why he is not found in the house?
Witness: I went there in the order of Tribunal. So I did not think that it is needed to entry GD for not finding him.
Defence: With whom you met in second time?
Witness: Wife was, I also met with his son.
Defence: Did you ask that where his father is?
Witness: Yes.
Defence: Did you try to go that place?
Witness: He could not tell me where his father is?
Defence: Did the wife of Ajitkumar entry any GD for not finding his husband?
Witness: I didn’t search anything about GD but it seemed to me by talking with them that Ajitkumar Shill flew for unseen fear and may be they knew his address but did not want to tell me.
Defence: Did you enter any GD for knowing the information of Ajitkumar Shill?
Witness: For knowing information I told the S.I. of local police station Abdul Khalak who was present there that if any information is found as it, he inform me. I also told it to O.C. of this police station.
Defence: Did S.I. Abdul Khalak enter any GD in the order of you?
Witness: It is not known to me.
Defence: Did you send any letter to the police station of Endurkani about it that whether any work is done or not according to the order of you?
Witness: No.
Then the court is adjourned.
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